Current through Register Vol. XLI, No. 50, December 13, 2024
Section 176-1-8 - Sanitation8.1. Health Permits: The Commissioner shall not issue a Class A license, authorizing the sale of nonintoxicating beer for consumption on the licensed premises, to any person, partnership, firm, association or corporation, unless the applicant has a permit from the Health Department in the county where the establishment is located. Such health permit must authorize the applicant to operate a Class A license on the premises set out and described in the applicant's application. The Commissioner will not transfer a license to a new location unless the licensee has a permit from the appropriate Health Department to operate a Class A license on the new location, as described in licensee's application for transfer.8.2. Health, Sanitation, Toilets: Class A licensees must be kept in a sanitary condition, as required by the appropriate Health Department. Class A licensees shall maintain separate functioning toilets for each sex, properly labeled and conveniently located. Provided that, the Code permits a private wine restaurant and a private club restaurant to operate having one functioning toilet or restroom when meeting certain requirements set forth in the Code.8.3. Sanitation Schools, Classes and Demonstrations: Brewers, resident brewers, and distributors, either jointly or severally, with the cooperation of the Commissioner, may hold classes for the instruction of Class A licensees, Class B Licensees, and their employees in the proper method of cleansing and sterilizing glasses and other equipment used in the serving or dispensing of nonintoxicating beer to the public: Provided, that no quid pro quo, such as refreshments being served or offered at the instructional class, except nonintoxicating beer used for demonstration showing the impairment of its quality and taste by the use of improper cleansing and sterilizing of glasses and equipment.8.4. Cleansing Beer Bottles or Cans, Draught or Pipe Lines, Registration:8.4.a. Cleansing of beer bottles and bottling: A resident brewer or brewer who bottles or cans, or who cleans beer bottles or cans shall use beer bottle or can soakers and cleansers which shall be approved by the state, county, or local health department and shall meet the requirements set forth in 64 CSR 17 and the FDA food code, as amended;8.4.b. Cleaning of beer draught or pipe lines: A resident brewer, brewer, brewpub, or Class A retail dealer or Class B retail dealer who is appropriately licensed to serve nonintoxicating beer though draught or pipe lines and equipment are required to clean at least every two weeks the draught or pipe lines in accordance with the requirements set by state, county, or local health department, and further as set forth in 64 CSR 17 and the FDA food code, as amended. All compounds used for cleansing beer draught or pipe lines must be approved by a state, county or local health department or as set forth in 64 CSR 17 and the FDA food code, as amended;8.4.c. Draught or Pipe lines and equipment: The use of any draught lines or pipes through which nonintoxicating beer flows or is forced, other than draught lines or pipes made of vinyl, polyethylene, or similar materials is prohibited; and the use of a rubber hose, other tubing, or any kindred products in connection with draft nonintoxicating beer is prohibited;8.4.d. Gassing of nonintoxicating beer: Nonintoxicating beer may be gassed by the use of carbonic gas (carbon dioxide), or by the use of electrical, hydraulic, or mechanical pumps. In the event pumps are used, the intake for the pumps shall be from the outside of the building where fresh and clean air is available, and the intake must be protected by a suitable filter or filters;8.4.e. Cleaning and sanitizing of receptacles in which nonintoxicating beer is served: Any licensee using glasses and similar containers used in serving nonintoxicating beer shall, after each use and before being used again, be thoroughly cleaned and sanitized (for growlers see growler sanitization requirements) as required by the health department in 64 CSR 17 and the FDA food code, as amended; and8.4.f. Registration: Every person, firm, or corporation conducting a business in the state of West Virginia which involves the cleaning of beer coils, beer lines, beer pipes, and barrel tubes shall register with the health department in the county in which the establishment is located. Licensed retailers who do their own cleaning shall register as in the case of a person, firm, or corporation. 8.4.f.1. All persons, firms, or corporations (which includes distributors, either through the distributor of an affiliated entity, who must separately invoice and charge for any draught line cleaning services) engaged in the business of cleansing beer coils, beer lines, beer pipes, and barrel tubes shall maintain a written record along with the licensee engaging the entity for draught line cleaning that is subject to inspection by the Commissioner's office and a state, county or local health department. The records shall show the date of each cleansing, the method used and be signed by the person who performed the cleansing. The record shall be retained for a period of two years. The records shall be kept upon the licensed premises and shall be available at all times for inspection by a state, county or local health department and agents and employees of the Commissioner's office.